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421DEP extension Letter < Department of Veterans Affairs Medical Center \re E��;; g' Leeds MA 01053-9764 September 22,2003 .Mr. Daniel Hall In Reply Refer To: 631/001F Section Chief–Division of Solid Waste Management Massachusetts Department of Environmental Protection 436 Dwight Street Springfield,MA 01103 RE: Extension Filing–Draft Comprehensive Site Assessment Report Deadline VA Medical Center Landfill Northampton, MA DSWM File# 03-214-018 Dear Mr. Hall: This letter authorizes Advanced Environmental Solutions, Inc. (AES) to file, on behalf of the Department of Veterans Affairs (VA) Medical Center, Northampton, Massachusetts, a request for extension of the November 1, 2003 submittal deadline for the Draft Comprehensive Site Assessment (CSA) Report - VA Medical Center Landfill. AES will provide specific details regarding the request for extension in a separate letter to the MADEP DSWM. Since (J / / 4u r'— David Lawson VA Medical Center Facility Manager cc: Mr. Peter J. McErlain, City of Northampton Board of Health Mr. Frank Lalamas, Smith Vocational Agricultural High School Mr. Charles Clines, MADEP DSWM C-\VA Landfdl\Task 2\VA extension trans.doc Northampton VA Medical Center Page 2 CSA Submittal Extension Not withstanding the extension granted herein, all other terms of the Permit issued by the Department on February 12, 2003 approving the Initial Site Assessment remain in effect, and are not amended by this document. The Department has determined that the filing of an Environmental Notification Form (`ENF")with the Secretary of Environmental Affairs, for solid waste management purposes, was not required prior to this action by the Department. Not withstanding this determination, the Massachusetts Environmental Policy Act and Regulation 301 CMR 11.04 provides certain "Fail-Safe Provisions" which allow the Secretary to require the filing of an ENF and/or Environmental Impact Report at a later time. Pursuant to 310 CMR 19.037(5), any person aggrieved by the issuance of this permit may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 111, s. 150A and C. 30A not later than thirty[30] days following the receipt of this permit. Any aggrieved person intending to appeal the decision to the superior court shall provide notice to the Department of said intention to commence such action. Said Notice of Intention shall include the Department File Number (03-214-018) and shall identify with particularity the issues and reason(s) why it is believed the approval decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which made the decision. The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street-Third floor Boston, 02108 Michael J. Gorski Regional Director Department of Environmental Protection 436 Dwight Street- Fifth Floor Springfield,MA 01103 No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in those regulations,provided that matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the public health or environmental impact of the permitted activity. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS r° _ DEPARTMENT OF ENVIRONMENTAL PROTECTION 1 WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 MITT ROMNEY ELLEN ROY HERZE ELF Governor Secret KERRY HEALEY ROBERT W.GOLLEI)GE, Lieutenant Governor Comn issio Mr. David Lawson,Facility Manager October 7,2003 Department of Veterans Affairs 421 North Main Street Leeds,MA 01052-9764 Re: TIME EXTENSION FOR SUBMITTAL COMPREHENSIVE SITE ASSESSMENT At: Veterans Affairs Medical Center Landfill At Smith Vocational School Haydenville Road Northampton MSA DSWM File# 03-214-018 Dear Mr.Lawson: The Department of Environmental Protection (Department) has received and reviewed the request for an amendment to the Permit (approving the Initial Site Assessment) issued on February 12. 2003. A request to extend the time for submission of the Draft Comprehensive Site Assessment (CSA) was received by the Department on October 1, 2003. The request was made by your consultant,Advanced Environmental Solutions, Inc. (AES),to extend the time for submission of the Draft CSA from November 1, 2003 to January 15, 2004. On October 2, 2003, the Department received a letter signed by Mr. David Lawson, Facility Manager, VA Medical Center, authorizing AES to request the extension on behalf of the Medical Center. The Department is of the opinion that the request for revising the Permit issued by the Department on February 12, 2003 is reasonable, and agrees to an amendment condition 17 of the Permit as follows: 17. Initially, two rounds of water quality sampling shall be performed in accordance with 310 CMR 19.132 and a Draft CSA Report shall be submitted to the Department not later than January 15,2004. The Draft CSA Report shall contain the data presentations/interpretations and supporting information consistent with Task 2.8 CSA Submittal as referenced in the Department's Outline for Solid Waste Site Assessments as presented in Appendix C of the LAC Manual. The Draft Report shall also contain any additional information outlined in the February 12,2003 permit approval letter. This information is available in alternate format Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service-1-800-298-2207. DEP on the World Wde Web' http'llwmv.mass.govldep Pnnted on Recycled Paper Northampton VA Medical Center Page 3 CSA Submittal Extension This approval pertains only to the Solid Waste Management aspects of the proposal and does not negate the responsibilities of the owners or operators to comply with any other local, state or federal laws and regulations now or in the future. The Department reserves the right to rescind or modify this permit approval or to require additional operating conditions, should available information indicate such a need. If you have any questions or comments regarding any of the matters stated above in this permit amendment,please contact Charles Clines of my office at(413) 755-2120. Sincerely, Daniel Hall Section Chief Solid Waste Management DH/CAC/cac 2141scsaea1003 • cc: Philip Smith,Technical Director, Advanced Environmental Solutions, Inc., 90 Madison Street, Suite 303,Worcester, MA 01608 Smith Vocational and Agricultural High School, 80 Locust Street,Northampton, MA 01060 Attention: Sam Kellogg, Facilities Manager Board of Health, City of Northampton